Criminal defense attorney in New Jersey who has been practicing criminal defense for 23-years. Attorney Sanzone is admitted to practice in New Jersey, the Federal District Court of New Jersey, the Federal Third Circuit Court of Appeals, and the Fourth Circuit Court of Appeals. Attorney Sanzone is experienced in handled hundreds of criminal cases.

Friday, June 24, 2011

Forsensic Lab Report Hearsay Without Testimony of Chemists

Bullcoming v. New Mexico, decided by the United States Supreme Court on June 23, 2011, reaffirmed the right to confront witnesses proffered by prosecution witnesses who testify as to the contents of lab reports in criminal cases.

The narrow question presented to the court was whether the confrontation clause permits the prosecution to admit a forensic laboratory report containing testimonial information from a witness who did not prepare, or sign the certification concerning the lab reports contents?

Again following the Supreme Court Crawford and Melendez-Diaz decisions the court held that such “surrogate testimony” does not meet the constitutional requirements of the Sixth Amendment to the United States Constitution, and hence, the report is not admissible into evidence without the testimony of the actual chemists who prepared the report.

This decision does not change the well established decisional law in New Jersey which always required the testimony of the forensic chemists who preformed the tests.In every criminal case it is essential that defense counsel object to any attempt by the prosecution to introduce hearsay evidence through lab reports without the testimony of the forensic chemists.